TERMS OF SALE

In these Terms of Sale we have used we, us and our to refer to CNC Engineering Limited and you to refer to our customer. By agreeing to acquire goods from us you agree to these Terms to the exclusion of your terms (if any).

 

  1. DELIVERY
    • We will arrange delivery to the address provided by you at the time of ordering unless we agree otherwise.
    • If we have given you a date and time for delivery, such date and time is approximate only and is not deemed to be of the essence.
  2. PRICE AND QUOTATION
    • All prices are quoted in New Zealand dollars and are exclusive of GST, importation tax, charges or levies, transportation costs and any disbursements unless otherwise specified.
    • Our prices are subject to change without notice.
    • If we provide a quotation to you, it is based on information available to us at that time and we may charge you more than the amount quoted if our costs (e.g. the cost of transport, tax, exchange rates or other costs) or the specifications change.
    • You are responsible for paying all taxes, charges and levies on the importation of the goods.
  3. PAYMENT
    • You must pay for the goods in full upon ordering, unless we decide otherwise.
  4. Your obligations
    • You warrant and undertake to use the goods supplied:
      • for the purpose they were intended and not for commercial purposes;
      • in accordance with all applicable manufacturer’s and designer’s instructions;
      • with all applicable guards and safety devices in place; and
      • wearing all applicable personal protective equipment.
  1. WARRANTY
    • We provide a 12 month warranty that the goods we supply will be free from defect in materials or workmanship.
    • To claim under this warranty, you must notify us as soon as possible after you first becoming aware of the defect and no later than 14 days of it becoming apparent that the goods are defective. All claims under this warranty must be made in writing within 12 months of the date that you first received the goods.
    • You must provide us with all relevant information we request in regards to that warranty claim.
    • We may request that you return the goods to us before accepting your claim under this warranty.
    • We reserve the right to repair, replace or refund the purchase price of the goods in question under this warranty.
    • This warranty does not apply where the goods supplied are damaged as a result of any act or omission on your part including, without limitation, your misuse of the goods, your failure to take proper care of the goods, your failure to follow the manufacturer’s and designer’s instructions, or where you are otherwise in breach of these Terms.
  2. LIMITATION OF LIABILITY
    • To the maximum extent permissible, we expressly exclude all implied warranties, representations, conditions and obligations.
    • Where you are acquiring goods from us for the purposes of a business the parties agree that to the maximum extent permitted by law all warranties and conditions implied by the Consumer Guarantees Act 1993 do not apply.
    • Our liability to you whether in contract, or tort (including in negligence), or otherwise shall be limited to (at our election) repairing, replacing or refunding the purchase price of the goods in question. We shall not under any circumstances be liable to you for any indirect, consequential or special losses or damages.
  3. JURISDICTION
    • These Terms and all claims or causes of action (including in contract, tort or statute) based upon, arising out of or relating to these Terms are governed by and to be construed and enforced in accordance the laws of New Zealand. You irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of New Zealand in connection with these terms.
  4. PRIVACY OF INFORMATION
    • You authorise us:
      • to collect, retain and use information about you for the purpose of performing our obligations under these Terms including, without limitation, in respect of any claim made under a warranty;
      • to disclose information about you to such persons as may be necessary or desirable to enable us to exercise any power or enforce or attempt to enforce any of our rights, remedies and powers under these Terms;
      • to provide that information to third parties (including, without limitation, the persons transporting the goods) for the purposes of fulfilling our obligations under these Terms.
    • Where you do not provide any required information we may not be able to perform our obligations under these Terms or make a determination in respect of any warranty claim made.
    • You have the right to access and correct any information we hold about you under the Information Privacy Principles. For more details please refer to the website for the office of the privacy commissioner (www.privacy.org.nz).
  5. GENERAL
    • You may not assign, sell, or otherwise dispose of any right or obligation under these Terms.
    • We will not be liable for any failure or delay in complying with any obligation imposed on us under these Terms if the failure or delay arises directly or indirectly from a cause reasonably beyond our control.
    • No failure or delay by us to exercise (in whole or in part) any right, power or remedy under these Terms will operate as a waiver of that right, power or remedy.